Taylor v. the State
342 Ga. App. 814
| Ga. Ct. App. | 2017Background
- Deputy stopped Derwin Miles Taylor on I-75 for lane deviation and excessively dark window tint; deputy was a canine handler.
- Deputy observed numerous air fresheners and an overwhelming air-freshener odor in Taylor’s car and noted Taylor’s hands shaking.
- While issuing two traffic warnings, deputy questioned Taylor; Taylor gave vague/conflicting answers about visiting an uncle in a hospital and where he had stayed the prior night.
- Deputy asked for consent to search; Taylor refused. Deputy called for backup, retrieved a narcotics K-9, and ran a sniff while still holding Taylor’s license and warning.
- K-9 alerted; deputy searched the vehicle and found a large suitcase with a significant quantity of marijuana. Taylor was convicted of trafficking and moved to suppress and for a new trial; both were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable articulable suspicion to extend traffic stop for K-9 sniff | Taylor: No — extension after traffic tasks completed required reasonable suspicion; facts (nervousness, air fresheners, location) insufficient | State: Yes — totality (strong air-freshener odor, location on known drug corridor, vague/conflicting statements, officer experience) supported suspicion | Court: Held for State — totality supported reasonable suspicion to convert stop into criminal investigation |
| Whether nervousness alone justified further detention | Taylor: Nervousness is insufficient | State: Nervousness is a factor among others | Court: Nervousness alone not sufficient; here it was only one of several factors considered |
| Role of known drug corridor/location in reasonable-suspicion analysis | Taylor: Location alone (or along interstate) insufficient, citing Thompson | State: Location may be considered with other factors | Court: Location, when combined with other indicia, may contribute to reasonable suspicion |
| Admissibility of evidence from vehicle search following K-9 alert | Taylor: Search unlawful if detention unlawfully extended; evidence should be suppressed | State: Search lawful because detention supported by reasonable suspicion and K-9 alerted | Court: Denied suppression; evidence admissible; conviction affirmed |
Key Cases Cited
- Jones v. State, 253 Ga. App. 870 (court reviews suppression rulings construing evidence favorably to trial court)
- State v. Whitt, 277 Ga. App. 49 (reasonable suspicion requires specific articulable facts)
- State v. Thompson, 256 Ga. App. 188 (air fresheners/detergent and nervousness insufficient alone to justify further detention)
- Dominguez v. State, 310 Ga. App. 370 (State bears burden to show detention lawful until K-9 alerted)
- Wilson v. State, 306 Ga. App. 286 (strong air-freshener odor plus other factors can support reasonable suspicion)
- Richbow v. State, 293 Ga. App. 556 (officer observations and inconsistencies may inform suspicion)
- Giles v. State, 284 Ga. App. 1 (officer training/experience and known trafficking patterns may be considered)